Brucker v. Brucker

REINHARD, Judge.

Appellant (hereinafter referred to as “wife”) filed a motion to modify a 1975 dissolution decree seeking an increase in maintenance plus attorney’s fees for the prosecution of the motion. Respondent (hereinafter referred to as “husband”) filed a motion to dismiss which the trial court sustained on October 8, 1979 on the ground that the separation agreement providing for maintenance of wife represents a contractual arrangement and therefore the provisions found therein, including maintenance, are not subject to modification by the court. After filing a motion for new trial…